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Banner Year in M&A for Shearman & Sterling
Shearman & Sterling's global Mergers & Acquisitions Group secured lead roles on many of the most significant M&A deals of 2005. The firm advised Viacom Inc. on the $50 billion division of its businesses into separate publicly traded companies, CBS Corporation and "new" Viacom Inc., in the largest transaction of its type ever completed. Other recent deals of note include the $27.2 billion contested bid by Boston Scientific for Guidant Corporation, Koch Industries' $21 billion acquisition of Georgia-Pacific and SunGard Data Systems' record-breaking $11.4 billion acquisition by a consortium of leading private equity firms.

The firm is currently involved in three hostile, multi-billion dollar M&A deals.

Recent league table results from Bloomberg confirm the strength of the firm's practice. Most notably, the firm was ranked 2nd in "US Announced Deals" by volume with 22.3% market share, and a volume of $252,472 million. The firm ranked 4th in "Global Announced Deals" by volume with 13.6% market share, and a volume of $353,409 million. The rankings were a sharp improvement over last year's results.

01-24-2006

Schnader Attorneys Appointed and Honored
January 24, 2006 – Philadelphia, PA – During the past several weeks, several Schnader attorneys have been recognized and honored for their public service efforts, or appointed to positions of leadership either in the legal community or in the greater community at-large. These notable achievements showcase the exceptional skill, sound judgment and dedication to public service that has long been the hallmark of a Schnader attorney.

Former Schnader partner, Edward J. McBride, Jr. has been appointed to serve as the Deputy Chief Counsel to the Governor’s Office by New Jersey Governor Jon S. Corzine. Mr. McBride, a former partner in our Cherry Hill office, will serve under Chief Counsel Stuart A. Rabner. Mr. McBride was policy counsel for the Corzine for Governor campaign, and – more recently – counsel to the Governor’s transition team. He has previously served as assistant counsel to former New Jersey Governor James J. Florio.

01-24-2006

SCHIFF HARDIN LLP HOSTS BLACK HISTORY MONTH RECEPTION AT THE UNIVERSITY OF CHICAGO LAW SCHOOL HONORING THE LATE EARL B. DICKERSON
Schiff Hardin LLP is hosting a reception to kick-off Black History Month activities at the University of Chicago Law School, February 1, 2006 at 4:00 p.m. This occasion will mark the installation of a portrait honoring the University of Chicago Law School's first Black graduate, Earl B. Dickerson. The University of Chicago Law School is located at 1111 East 60th Street in Chicago. This event is open to the public.

01-24-2006

14 Michael Best Partners Listed in 2006 Edition of Chambers USA
Milwaukee, WI (January 24, 2006) – The following Michael Best & Friedrich LLP partners are recognized as “Leaders in their Field” by Chambers USA: America’s Leading Lawyers for Business, published by Chambers and Partners.Jeffrey H. Brown, Luke W. DeMarte, Tod B. Linstroth, James R. Troupis, John A. Busch, Peter L. Coffey, David W. Croysdale, David L. De Bruin, James S. Levin, Jonathan O. Levine, K. Thor Lundgren, Jonathan H. Margolies, Charles P. Stevens.

01-24-2006

American Liver Foundation and the Kelly-Strayhorn Theater Elect McGuireWoods Lawyer to Boards of Directors
Michael J. Roeschenthaler, an associate in the Pittsburgh office of McGuireWoods LLP, was recently elected to the board of directors of the Western Pennsylvania Chapter for the American Liver Foundation and the Kelly-Strayhorn Theater.

The American Liver Foundation is the nation's leading nonprofit organization promoting liver health and disease prevention through research, education and advocacy. The Western Pennsylvania Chapter serves the Western Pennsylvania region and West Virginia.

The Kelly-Strayhorn Theater is a performing arts venue in the racially diverse Pittsburgh neighborhood of East Liberty. Its goal is to encourage diverse artistic, cultural and educational activities that will enrich the community and further the economic redevelopment of East Liberty.

At McGuireWoods, Roeschenthaler primarily focuses his practice on bankruptcy, business restructuring, insolvency, and creditors rights. He has a wide range of experience in the representation of corporate debtors, creditors, and court-appointed committees in Chapter 11 bankruptcy cases. He is also experienced in commercial litigation and employment law.

01-24-2006

TWO ATTORNEYS JOIN LORD, BISSELL & BROOK LLP AS PARTNERS IN NEW CHICAGO OFFICE
CHICAGO, IL, January 24, 2006 – Lord, Bissell & Brook LLP welcomes two new partners to the firm’s Chicago office - information technology and outsourcing attorney Michael E. Bieniek and trial lawyer Patrick S. Coffey.

Bieniek has more than 15 years of experience counseling clients on transactions involving licensing, developing and distributing software, hardware and other high technology products; obtaining services from outsourcers and providing outsourcing services; and developing, protecting and transferring rights in computer and other types of technology.

He has experience with issues related to the validity, infringement and enforceability of copyrights, trade secrets, trademarks, and patents and has drafted and negotiated licenses, outsourcing agreements, consulting agreements, distribution agreements, escrow agreements, strategic alliance agreements, and other agreements related to technology.

Prior to his career in law, Bieniek worked in the healthcare information technology industry as an Applications Programmer, Senior Applications Programmer and Manager, Systems Development.
Coffey has more than 20 years of experience as a trial lawyer and corporate counselor who concentrates his practice in the representation of health care-related entities, and other corporate and individual clients in complex business litigation, internal investigations and white collar criminal defense matters.

Coffey has defended civil and criminal litigation in a variety of regulated industry settings. Coffey has also represented corporations, officers, directors and committees in internal corporate investigations and proceedings by federal agencies and attorneys general across the United States. He successfully has defended numerous class action lawsuits, has handled complex business litigation, and has counseled corporate clients with respect to effective corporate compliance programs and corporate governance.

Coffey has published articles on topics related to healthcare compliance and litigation as well as topics confronting regulated industries in publications including The National Law Journal and ABI Journal. He is also regularly quoted in publications and invited to make presentations for organizations including the American Bar Association, American Health Lawyers Association, Healthcare Financial Management Association and state hospital associations.

Bieniek and Coffey joined the firm in its Chicago office at 111 South Wacker Drive. After 30 years at 115 S. LaSalle Street, the Chicago office moved to a new 51-story building on Monday, January 16

01-24-2006

Plaintiffs' Counsel Announces IBM Tech Workers File Nationwide Overtime Pay Class Action Lawsuit in Federal Court
Current and former employees of International Business Machine Corporation (IBM) today filed a nationwide class action lawsuit in U.S. District Court in San Francisco charging the computer giant with failure to pay overtime wages in violation of federal and state labor laws.
The suit, Rosenburg, et al. v. IBM, was filed by attorneys from Lieff Cabraser Heimann & Bernstein, LLP, Lewis Feinberg Renaker & Jackson, P.C., Rudy, Exelrod & Zieff, LLP, and Outten & Golden LLP and others on behalf of IBM technical employees.
The company employs more than 250,000 workers; the proposed class includes tens of thousand of systems administrators, network technicians and other technical staff throughout the United States.
"IBM’s employees, including tens of thousands of technical support workers, work hard to build the company’s annual sales of more than $90 billion," stated Lieff Cabraser partner James M. Finberg. "These technical workers deserve to get compensated for the long hours they put in to make IBM successful." Finberg noted that this case constitutes one of the largest class action lawsuits, both in numbers of employees and total damages, ever filed against a corporation for failure to pay overtime wages.
The complaint charges that IBM unlawfully characterizes its employees who install and maintain computer software and equipment as “exempt” under state and federal labor laws in order to deprive them of overtime pay. The proposed classes consist of current and former IBM technical support workers with the primary duties of installing and/or maintaining computer software and hardware for IBM who were wrongly classified by the company as exempt from the overtime provisions of federal law and/or applicable state wage and hour laws.
"The lawsuit seeks to affirm the principle that software and hardware installation and maintenance employees, including IT staff, are entitled to protection under federal and state overtime pay laws," said Steven G. Zieff, a partner with Rudy, Exelrod & Zieff. "A corporation cannot avoid paying overtime wages simply by providing a fancy sounding title to workers who are entitled to overtime pay under the law."
Plaintiff Exaldo Topacio, 40, was a technical support worker for IBM in its New York Network Support division responsible for installing and maintaining computer software and hardware for the company. “There were many occasions when I was required to work in excess of 40 hours a week – but I never received overtime pay for this.
"What they did to me and other tech support workers is simply unfair. I worked hard for the company, and was not compensated for all the hours I put in for IBM," said Topacio who left IBM in 2004 and now runs his own small construction business.
Lewis Feinberg Renaker & Jackson, P.C. principal Todd F. Jackson explained, "Workers are entitled to overtime pay unless they fall under a specific legal exemption, such as computer programmers who develop software. The plaintiffs and class members in this lawsuit are responsible for installing software and maintaining computer networks, not developing new software. They do not qualify for the software development exemption, or any other exemption, under wage and hour laws."
"Ironically, IBM recruits employees by touting that it is a company ‘where you can find work/life balance and make a difference,’” noted Adam T. Klein of Outten & Golden LLP. “We believe the evidence will show that IBM failed to comply with its basic obligation to pay its employees fairly and in accordance with the law."
The plaintiffs are asking the federal court to issue an injunction requiring IBM to provide overtime pay to eligible employees as well as compensation and damages to current and former employees who were denied overtime.
In addition to the law firms listed above, the plaintiffs are also represented by the Los Angeles firm of Spiro, Moss, Barness, Harrison & Barge, LLP; the Dallas firm of Lee & Braziel, LLP; the Houston firm of Bruckner Burch, PLLC; and the Oakland firm of Goldstein, Demchak, Baller, Borgen & Dardarian.

01-24-2006

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